§ 1-1118. Food establishment license--Exemptions--Fee exempt license--Sanitation standards
Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: November 1, 2023
Effective: November 1, 2023
63 Okl.St.Ann. § 1-1118
§ 1-1118. Food establishment license--Exemptions--Fee exempt license--Sanitation standards
<Text as amended by Laws 2023, c. 45, § 1. See also, text as amended by Laws 2023, c. 228, § 1.>
A. It shall be unlawful for any person to operate or maintain any establishment, stationary or otherwise, where food or drink is offered for sale, or sold, to the public, unless the person is the holder of a food establishment license issued for such purpose by the State Commissioner of Health or designee. A food establishment license shall not be required for:
8. A nonprofit civic, charitable or religious organization using unpaid individuals to prepare or serve food on its behalf, for occasional fundraising events sponsored and conducted by the organization. For the purposes of this paragraph, an “occasional fund-raising event” shall be defined as an event that occurs four times a year or less;
9. Day care centers or family day care centers, and all other child care facilities as defined and licensed pursuant to the provisions of the Oklahoma Child Care Facilities Licensing Act;1
10. Nursing facilities and specialized facilities, as defined in and licensed pursuant to the provisions of the Nursing Home Care Act,2 residential care homes as defined by the Residential Care Act,3 adult day care centers as defined by the Adult Day Care Act,4 and assisted living centers and continuum of care facilities licensed pursuant to the Continuum of Care and Assisted Living Act;5
1. The Commissioner may provide by rule for a fee-exempt license for a food establishment operated by a nonprofit, civic, charitable or religious organization that uses unpaid persons to sell or offer food on a more frequent basis than the occasional fundraising event. A fee-exempt license shall not expire but shall remain in full force and effect until affirmatively revoked, suspended, annulled or withdrawn by the Department in accordance with applicable law.
3. The Commissioner shall provide by rule a three-day license for vendors who only sell at farmers markets as defined in 310:257-1-2 of the Oklahoma Administrative Code or at county fairs. Licenses for vendors who only sell at farmers markets or county fairs shall not exceed Fifty Dollars ($50.00). Vendors who do not sell food and vendors who meet the exceptions provided in subsection A of this section shall not be required to obtain a three-day license or a food establishment license.
C. The State Commissioner of Health shall promulgate reasonable standards and rules for sanitation of establishments required to be licensed, which shall include the following: buildings, vehicles, and appurtenances thereto, including plumbing, ventilation and lighting; construction, cleanliness and bactericidal treatment of equipment and utensils; cleanliness, wholesomeness, storage and refrigeration of food and drink sold or served; cleanliness and hygiene of personnel; toilet facilities; disposal of waste; water supply; and other items deemed necessary to safeguard the health, comfort, and safety of customers.
Credits
Laws 1963, c. 325, art. 11, § 1118, operative July 1, 1963; Laws 1965, c. 190, §§ 1, 2, emerg. eff. June 8, 1965; Laws 1986, c. 121, § 2, emerg. eff. April 10, 1986; Laws 1989, c. 345, § 7, eff. Oct. 1, 1989; Laws 1995, c. 230, § 7, eff. July 1, 1995; Laws 2015, c. 93, § 1, eff. Nov. 1, 2015; Laws 2019, c. 505, § 1, eff. Nov. 1, 2019; Laws 2021, c. 450, § 1, emerg. eff. May 10, 2021; Laws 2023, c. 45, § 1, eff. Nov. 1, 2023.
Footnotes
Title 10, § 401 et seq.
Title 63, § 1-1901 et seq.
Title 63, § 1-819 et seq.
Title 63, § 1-871 et seq.
Title 63, § 1-890.1 et seq.
63 Okl. St. Ann. § 1-1118, OK ST T. 63 § 1-1118
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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